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CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 17

Supplementary provisions as to redundancy payments in respect of lay-off or short-time.

17.(1) If, in a case where an employee gives notice of intention to claim and
the employer gives a counter-notice, the employee continues or has continued,
during the next four weeks after the date of service of the
notice of intention to claim, to be employed by the same employer, and he is
or has been laid off or kept on short-time for each of those weeks, it shall
be conclusively presumed that the condition specified in section 16(4) was not
fulfilled.

(2) For the purposes of section 16(1), and for the purposes of the preceding
subsection, it is immaterial whether a series of weeks (whether it is
four weeks, or four or more weeks, or six or more weeks) consists wholly of
weeks for which the employee is laid off or wholly of weeks for which he is
kept on short-time or partly of the one and partly of the other.

(3) For the purposes mentioned in subsection (2), no account shall be taken of
any week for which an employee is laid off or kept on short-time where the
lay-off or short-time is wholly or mainly attributable to a strike or a
lock-out, whether the strike or lock-out is in the trade or industry in which
the employee is employed or not and whether it is in Northern Ireland or
elsewhere.

(4) Where the employer gives a counter-notice within seven days after the
service of a notice of intention to claim, and does not withdraw the
counter-notice by a subsequent notice in writing, the employee shall not be
entitled to a redundancy payment in pursuance of the
notice of intention to claim except in accordance with a decision of a
tribunal.

(5) The period allowed for the purposes of section 16(3)(a) is as follows,
that is to say,

(a)if the employer does not give a counter-notice within seven days after the
service of the notice of intention to claim, that period is three weeks after
the end of those seven days;

(b)if the employer gives a counter-notice within those seven days, but
withdraws it by a subsequent notice in writing, that period is three weeks
after the service of the notice of withdrawal;

(c)if the employer gives a counter-notice within those seven days and does not
so withdraw it, and a question as to the right of the employee to a redundancy
payment in pursuance of the notice of intention to claim is referred to a
tribunal, that period is three weeks after the tribunal has notified to the
employee its decision on that reference.

(6) For the purposes of subsection (5)(c) no account shall be taken of any
appeal against the decision of the tribunal, or of any requirement to the
tribunal to state a case for the opinion of the Court of Appeal, or of any
proceedings or decision in consequence of such an appeal or requirement.

© 1965 Crown Copyright

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